Posted by Jack
CHICO — A local attorney has issued notice of a cease and desist order against the Chico City Council as of Thursday.
In a letter to the council, Robert Berry asked that the council cease and desist from past actions “which violate provisions of Chapter 9 of the Brown Act, and subject to the remedies mandated by §95960.2 (c)(1).” The requested order, which asks for a response within 30 days, refers to a decision made at the regular Chico City Council meeting Tuesday, voting to discourage disbanding encampments of 10 or fewer individuals in the city while under a declared emergency.
Berry said the allegations are specifically alleged “against the members of the Chico City Council who voted to take action on an item not on the agenda, namely Vice Mayor Alex Brown, Scott Huber, Randall Stone and Karl Ory,” whom he said voted to pass legislation suspending enforcement of certain provisions of the Chico Municipal Code without prior notice to the public.
Berry said proper notice of the proposed item for action was not followed because the action was taken on an item not on the agenda and without proper notice. Therefore any action taken on April 7 by a simple majority vote “is void and ineffectual and has no force of law.”